10/23/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-CA-00766-COA

Patricia Ann Jackson Austin v. John Thomas Austin; Wayne Chancery Court; LC Case #: 2001-0088; Ruling Date: 03/31/2006; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Wayne County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Anthony Daniels, M.D. v. Emma C. Bains; Jackson County Court; LC Case #: 2004-21539; Ruling Date: 05/02/2006; Ruling Judge: T. Wilson; Majority Opinion: Roberts, J. Disposition: The judgment of the County Court of Jackson County is affirmed in part, reversed and rendered in part. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Irving, J., concurs in result only.

Denis Farris Carlson v. Kathryn Myra Matthews (Carlson); Harrison Chancery Court 1st District; LC Case #: 93-00814-102,998; Ruling Date: 06/15/2006; Ruling Judge: Carter Bise; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Timothy R. Sharp v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV05-104(G)I; Ruling Date: 07/25/2006; Ruling Judge: Thomas Gardner, III; Majority Opinion: Ishee, J. Disposition: The judgment of the Itawamba Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

In the Matter of the Estate of Leslie W. Chapman, Deceased: Leslie Gary Chapman v. Brian Anthony Chapman, Bruce William Chapman, Lesley Darlene Reeves, and Betty Ruth Chapman; Pike Chancery Court; LC Case #: 2003-176; Ruling Date: 08/24/2006; Ruling Judge: Debbra Halford; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Pike County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Derrick Paige v. State of Mississippi; Leflore Circuit Court; LC Case #: 2006-0038; Ruling Date: 07/20/2006; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Ishee, J. Disposition: The appeal from the Circuit Court of Leflore County is dismissed. All cost of this appeal are assessed to Leflore County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts and Carlton, JJ., concur.

Derrick Darnell Payne v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-92-292-CD; Ruling Date: 08/23/2006; Ruling Judge: Robert Chamberlin; Majority Opinion: Barnes, J. Disposition: The appeal from the Circuit Court of DeSoto County is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Laefaebei Euylessity Stingley a/k/a Laefaebei E. Stingley a/k/a Laefaevei E. Stingley v. State of Mississippi; Tunica Circuit Court; LC Case #: 05-0142; Ruling Date: 11/21/2005; Ruling Judge: Albert Smith, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of possession of marijuana with the intent to sell, distribute, transport or deliver and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Tunica County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Charles Patrick Graham v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-681-CR; Ruling Date: 03/14/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of two counts of simple assault of a peace officer and sentence of two consecutive five-year sentences in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.

Glen Southern, Inc. and Gem Southern, Inc. v. Marshall County, Mississippi; Marshall Chancery Court; LC Case #: 04-0340; Ruling Date: 06/28/2006; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Marshall County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee and Carlton, JJ., concur. Roberts, J., not participating.

Wanza McGuffie v. Ray Herrington and Jo Ann Herrington; Lincoln Circuit Court; LC Case #: 04-303B; Ruling Date: 06/29/2006; Ruling Judge: Mike Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lincoln County is affirmed in part and reversed and remanded in part for proceedings consistent with this opinion. One-half of the cost of this appeal is to be paid by the appellant, and the remaining one-half is to be paid by the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Bobbie Hodgins v. Philadelphia Public School District; Neshoba Chancery Court; LC Case #: 2005-280; Ruling Date: 10/03/2006; Ruling Judge: J. Kilpatrick; Majority Opinion: Irving, J. Disposition: The judgment of the Neshoba County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Indymac Bank, F.S.B. v. James C. Young; Tishomingo Circuit Court; LC Case #: CV02-0073(B)T; Ruling Date: 06/15/2006; Ruling Judge: Sharion Aycock; Majority Opinion: King, C.J. Disposition: The judgment of the Tishomingo County Circuit Court denying the motion to set aside default judgment is affirmed. The damages award is vacated and remanded for an evidentiary hearing. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Paul M. Marshall v. Sharon R. Marshall; Warren Chancery Court; LC Case #: 2003-278GN; Ruling Date: 02/18/2005; Ruling Judge: Vicki Barnes; Disposition: The appellant's motion for rehearing is denied. Lee, P.J., would grant. Order entered.

Latina Williams v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-495; Ruling Date: 09/12/2005; Ruling Judge: William Chapman, III; Disposition: The appellant's motion for rehearing is denied. King, C.J., would grant. Order entered.

Steven Finn v. State of Mississippi; Lee Circuit Court; LC Case #: CV05-136(PF)L; Ruling Date: 02/07/2006; Ruling Judge: Paul Funderburk; Disposition: The appellee's motion for rehearing is denied. Lee, P.J., Chandler and Barnes, JJ., would grant. Order entered.

Dewayne Henson and AXA RE Property and Casualty Insurance Company v. William L. Riggenbach and Teresa K. Riggenbach; Yalobusha Circuit Court 1st District; LC Case #: CV-2004-0029-B-Y1; Ruling Date: 05/12/2006; Ruling Judge: Andrew Baker; Majority Opinion: Griffis, J. Disposition: This appeal is dismissed and remanded to the Yalabusha County Circuit Court for a new trial consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Ishee and Roberts, JJ., concur. Chandler, J., concurs in result only. Myers, P.J., concurs in part and dissents in part with separate written opinion. Irving, J., dissents with separate written opinion, joined by Lee, P.J. Barnes and Carlton, JJ. King, C.J., Dissents without separate written opinion. Dissenting Opinion: Irving, J. Votes: Lee, P.J., Barnes and Carlton, JJ., join this opinion. Concurring in Part and Dissenting in Part Opinion: Myers, P.J.